Green Paper on an EU approach to managing economic migration
Date: 2005-01-11
Institutions: European Commission
Subjects: EU migration policy, admission of aliens, migrant worker

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.1.2005 
COM(2004) 811 final 

GREEN PAPER 

ON AN EU APPROACH TO MANAGING ECONOMIC  MIGRATION 

(presented by the Commission) 

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TABLE OF CONTENTS 

1. 

2. 

2.1. 

2.2. 

Introduction 

Developing an EU approach to labour migration 

What degree of harmonisation should the EU aim at? 

Admission procedures for paid employment 

2.2.1 

Preference  for the domestic labour market 

2.2.2 

Admission systems 

Admission procedures for self-employment 

Applications for work and residence permit(s) 

Possibility of changing employer/sector 

Rights 

2.3. 

2.4. 

2.5. 

2.6. 

2.7. 

3. 

Conclusion 

Annex……. . 

Accompanying measures: integration, return and cooperation with third countries . 10 

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1. 

INTRODUCTION 

The aim  of  this Green  Paper  is to launch  a process of  in-depth  discussion, involving  the EU 
institutions, Member States and the civil society, on the most appropriate form of  Community 
rules  for  admitting  economic  migrants  and  on  the  added  value  of  adopting  such  a  common 
framework.  The  Commission  will  organise  a  public  hearing  in  2005  to  discuss  this  matter 
among all the different  stakeholders involved. 

This Green Paper concerns admission procedures for  the economic migration  of third  country 
nationals  and  does  not  deal  with  the  free  movement  of  EU  citizens  within  the  Union. 
Discussion on completion of the Community labour market takes place in another context. 

Article 63(3) of the EC Treaty provides that the Council is to adopt “measures on immigration 
policy  within  the  following  areas:  (a)  conditions  of  entry  and  residence,  and  standards  on 
procedures  for the issue by Member  States  of long term visas and residence  permits”.  Since 
the  Tampere  European  Council  of  October  1999,  the  Commission  has  already  sought  to 
launch  an  in-depth  discussion  on  a  strategic  project  on  economic  migration.  In  2001  the 
Commission  adopted  a  proposal  for  a  Directive  dealing  with  “the  conditions  of  entry  and 
residence  of  third-country  nationals  for  the  purpose  of  paid  employment  and  self-employed 
economic  activities”1.  Whilst  the  other  European  Institutions  gave  positive  opinions2, 
discussion in Council was limited to a first reading of the text. 

The Commission  believes that it is now time to revisit this issue in the light of  developments 
in  the  immigration  field  over  the  past  three  years.  At  the  political  level,  the  Thessaloniki 
European  Council  of  19-20  July  2003  stressed  “the  need  to  explore  legal  means  for  third 
country nationals to migrate to the Union, taking into account the reception capacities of the 
Member  States  […]”.  The  Treaty  establishing  a  Constitution  for  Europe,  agreed  during  the 
Brussels European  Council  of  17-18 June 2004, states: “The  Union shall  develop  a  common 
immigration  policy  aimed  at  ensuring,  at  all  stages,  the  efficient  management  of  migration 
flows [...]”3. 

Meanwhile, recognising  the impact  of  demographic  decline  and  ageing  on  the economy,  the 
Commission  highlighted  the  need  to  review  immigration  policies  for  the  longer  term4 
particularly in the light of  the implications which an economic migration strategy would have 
on  competitiveness  and,  therefore,  on  the  fulfilment  of  the  Lisbon  objectives.  This  trend  in 
society  has  encouraged  the  debate  on  migration  to  the  EU,  while  not  impinging  on  the 
responsibility  of  Member  States  to  decide  on  the  numbers  of  immigrants  to  be  admitted.  In 
fact,  even  if  the Lisbon employment  targets are met by 2010, overall employment  levels will 
fall  due  to  demographic  change. Between  2010  and  2030, at  current  immigration  flows,  the 
decline  in  the EU-25’s  working  age population  will  entail  a fall  in  the number  of  employed 
people of  some 20 million. Such  developments  will have a huge impact on overall  economic 
growth, the functioning  of the internal market and the competitiveness of EU enterprises. 

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COM(2001)  386. 
Opinions  of  the: European  Parliament  of  12.2.2003  (A5-0010/2003);  European  Economic  and  Social 
Committee  of  16.1.2002  (SOC/084,  CES  28/2002);  Committee  of  the  Regions  of  13.3.2002  (CdR 
386/2001). 
Article  III-267 
COM(2003)  336. 

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In this context, and while immigration  in itself  is not a solution to demographic ageing, more 
sustained  immigration  flows  could  increasingly  be  required  to  meet  the  needs  of  the  EU 
labour  market  and  ensure  Europe's  prosperity.  Furthermore,  immigration  has  an  increasing 
impact  on  entrepreneurship.  The  EU  must  also  take  account  of  the fact  that  the main  world 
regions are already  competing  to attract  migrants to meet  the needs of  their  economies. This 
highlights the importance of ensuring that an EU economic migration policy delivers a secure 
legal status and a guaranteed set of rights to assist the integration of those who are admitted. 

Moreover,  the need  for  a European  strategic  initiative  is strengthened  by  the  fact  that, in  its 
absence, migration  flows  are  more  likely  to be able  to bypass  national  rules  and  legislation. 
As a consequence, in the absence of common criteria for the admission of economic migrants, 
the  number  of  third  country  citizens  entering  the EU  illegally  and  without  any  guarantee of 
having a declared job – and thus of integrating in our societies – will grow. 

In  this context  the  Commission  fully  recognises  that  decisions  on  the  numbers of  economic 
migrants to be admitted  in order  to seek work are a matter  for  the Member  States.. The  draft 
Constitutional  Treaty  states  that: “This  Article  [III-267] shall  not  affect  the  right  of  Member 
States  to  determine  volumes  of  admission  of  third-country  nationals  coming  from  third 
countries  to  their  territory  in  order  to  seek  work,  whether  employed  or  self-employed”. 
However,  decisions  to admit  such  third  country  nationals  in one  Member  State  affect  others 
(right to travel within the Schengen  area, to deliver  services in other Member  States, to move 
to  other  Member  States  once  long-term  residents  status  has  been  acquired;  impact  of  the 
admission  of  third  country  workers  on  the  EU  labour  market)  and  the  EU  has  international 
obligations  in  relation  to  some  categories  of  economic  migrant.  The  Commission  therefore 
believes that there is a clear case for agreeing transparent and more harmonised common rules 
and criteria at EU level for admitting economic migrants. 

All  of  the  above, together  with  a  reflection  on  the added  value  of  adopting  measures  at  EU 
level, are the basic foundations  upon which any action in this field  must be built. In addition, 
any adopted measure should minimise the administrative burden for Member States and third-
country nationals. 

The  purpose  of  this  Green  Paper  is  therefore  not  to  describe  policies  in  the  EU25, nor  to 
compare them with those of  other world regions. It is to identify  the main issues at stake and 
possible  options  for  an  EU  legislative  framework  on  economic  migration.  In  doing  so,  the 
Commission  has taken  into account  the reservations  and  concerns expressed  by the  Member 
States  during  the  discussion  on  the  2001  proposal  for  a  directive,  and  is  putting  forward 
suggestions for alternatives. 

Finally, in The Hague Programme  the European  Council of  4-5 November  2004 stressed  the 
importance of  the debate on the Green Paper which – together with best practices in Member 
States and their relevance for the implementation of the Lisbon strategy – should be taken as a 
basis  for  “a  policy  plan  on  legal  migration  including  admission  procedures  capable  of 
responding  promptly  to fluctuating  demands  for migrant  labour  in  the  labour  market”5.  The 
Commission will present such a plan before the end of 2005. 

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European Council conclusions, Annex I, point III  1.4. 

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2. 

DEVELOPING AN EU  APPROACH TO LABOUR MIGRATION 

The  discussions  on  future  European  policy  on  economic  migration  should,  in  the 
Commission’s  view,  focus  on  some  key  issues,  which,  though  not  exhaustive,  are  mutually 
dependent.  The  options  proposed  could  be  combined  in  several  ways  according  to  the  final 
result to be achieved. 

2.1.  What degree of harmonisation should the EU  aim at? 

Given that access of third country nationals to the labour market is a highly complex issue, the 
Commission  considers that  a successfully  operating  Community  policy  in this field  can  only 
be put  in place progressively, in order to facilitate  a gradual  and  smooth  move from  national 
to Community  rules. EU legislation  on the admission  of  economic migrants should  therefore 
be  conceived  as  a  “first  step  legislation”  and  lay  down  certain  common  definitions,  criteria 
and  procedures,  while  at  the  same  time  leaving  to  the  Member  States  to  respond  to  the 
specific  needs  of  their  labour  markets. It  is  important  to  recall  that  the  Draft  Constitutional 
Treaty leaves the determination  of  the volumes of  admission  of  persons coming to seek  work 
to the Member  States. However, a coordination  method by which Member  States making use 
of  national  quotas  inform  the  Commission  about  the  implementation  and  results  of  these 
policies  could  be beneficial  in  the  assessment  of  the  overall  needs  of  the  EU  labour  market 
and contribute to the shaping of  a common EU legal migration policy and to a more  efficient 
and  better  coordinated  procedure  which  is  both  in  the  interest  of  Member  States  and  of  the 
persons concerned. 

As to the scope of any future  EU legislation, the Commission is faced  with several options. A 
first  possibility  would  be  to  adopt  a  horizontal  approach  along  the  lines  of  the  original 
proposal,  covering  the  conditions  of  entry  and  residence  of  any  third  country  national 
exercising  employed,  self-employed  or  other  economic  activities for  more than  3  months  in 
the territory of a Member State. Specific provisions could cover the particular needs of certain 
groups,  such  as  seasonal  workers,  intra-corporate  transferees  (ICTs),  etc.  The  advantage 
would be the establishment  of  a comprehensive  common  framework  on economic  migration, 
with a high degree of  flexibility. 

Following  the example  of  the proposals  for  a directive  on  the admission  of  students6 and of 
researchers7,  an  alternative  could  be  a  series  of  sectoral  legislative  proposals.  This  draft 
legislation  could  focus  on  seasonal  workers,  intra-corporate  transferees,  specially  skilled 
migrants  (not  necessarily  only  highly  qualified),  contractual  service  suppliers  and/or  other 
categories, putting aside for  the time being any overall common framework  for  the admission 
of  third-country  workers. The advantage  in this case could be an easier adoption  of  common 
rules. 

Other  approaches  could  also be explored,  for  example  the establishment  of  a common  fast-
track  procedure  to admit  migrants in  cases of  specific  labour  and  skills gaps, activated  if  a 
certain  number  of  Member  States  obtain  Council  authorisation  to  do  so  via  a  very  swift 
procedure.  This  would  avoid  unnecessary  and  potentially  harmful  competition  between 
Member States in the recruitment of certain categories of workers. 

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COM(2002)  548. 
COM(2004)  178. 

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•  To  what  extent  should  a  European  policy  on  labour  migration  be  developed  and  what 

should be the level of Community intervention on this issue? 

•  Should  a  European  migration  law  aim  at  providing  a  comprehensive  legal  framework 
covering almost any third country national coming to the EU or should it focus on  specific 
groups of  immigrants? 

•  Were  the sectoral  legislative  approach  to be chosen,  which  groups  of  migrants  should  be 

addressed as a priority and why? 

•  Do you consider  that other approaches – such as a European  fast  track procedure – should 

be explored? Could you propose other options? 

2.2. 

Admission procedures for paid employment 

Generally, before  admitting  a third-country  worker, Member  States require proof  that  no one 
already  part  of  the  domestic  labour  market  can  fill  the  vacancy  concerned  (economic  needs 
test).  Some  Member  States  admit  special  categories  of  workers  –  e.g.  highly  skilled  or 
workers in sectors/occupations  where shortages already exist – through special schemes such 
as fast track procedures, green cards, etc. Such approaches could be explored at EU level. The 
EU should also draw upon the experience of other world regions8. 

2.2.1.  Preference for the domestic labour market 

The  “Community  preference”  principle  is defined  as “Member  States  will  consider  requests 
for  admission  to  their  territories  for  the  purpose  of  employment  only  where  vacancies  in  a 
Member  State cannot be filled by national  and Community  manpower  or by  non-Community 
manpower lawfully  resident on a permanent basis in that Member State and already forming 
part of the Member State’s regular labour market”9.  However, many Member  States exempt 
from  Community  preference  some  types  of  economic  migrant  (intra-corporate  transferees  of 
key personnel, performing  artists of international reputation, etc.) from this requirement. 

The  main  issue  is  whether  such  preference  should  be  granted  to  third-country  manpower 
already present in a Member State over newly arriving third country nationals. It is important 
to  remember  that  from  2006  long  term  residents  will  enjoy  preference  over  newly  arriving 
migrants in the Member State of residence and will have the possibility to move and settle in a 
second Member State for study, work or other purposes10. In addition, should such  preference 
be  extended  to  third-country  nationals  residing  in  a  Member  State  different  from  the  one 
where the labour shortage arises (in addition to long term residents)? This would not limit the 
right of  the second  Member  State to decide who to admit  to its territory, but  would  facilitate 
recruitment, helping to fill more rapidly and effectively  the labour and skills gaps where they 
arise. The EU could then count on a “stock” of manpower that has already started to integrate. 

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for 

the 

Practices 

Selection 

"Efficient 
(http://europa.eu.int/comm/employment_social/employment_analysis/immigr_new_stud_en.htm): 
annexe. 
Council  Resolution  of  20  June  1994,  in  connection  with  Council  Regulation  (EEC)  No  1612/68.  It 
should  be  noted  that  the  Treaty  of  Accession  of  16  April  2003  gives  preference  to  workers  who  are 
nationals of  the Members States over  workers who are nationals of  third countries as regards access to 
their (Member States) labour  market. 
Council Directive 2003/109/EC. 

Migrants" 
see 

Economic 

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This preference  might  also be extended  to those who have already worked  for  some years in 
the EU before  returning temporarily to their own country. This could in fact encourage “brain 
circulation”,  by  allowing  third-country  workers  to  try  to  re-integrate  in  their  own  country 
knowing that they will receive more favourable  treatment in terms of readmission if they later 
wish to come back to the EU to work. 

How can we ensure that the principle of “Community preference”  is applied in an  effective 
way? 

Is the existing  definition  of  Community  preference  still relevant?  If  not, how  should  it  be 
changed? 

To  which  other  economic  migrants  (apart  from  intra-corporate  transferees  of  key 
personnel) might the logic of community preference  not apply? 

Apart  from  long-term  residents,  which  categories  of  third-country  nationals  –  if  any  – 
should be given preference over newly arriving third-country workers? 

Should  a  priority  right  –  subject  to  precise  conditions  –  be  granted  to  third-country 
nationals who have temporarily left  the EU after  having worked there for a given period? 

Would facilitating  mobility of  third country workers from  one Member State to another  be 
beneficial  for  the  EU  economy  and  national  labour  markets?  How  could  this  be  put  in 
practice in an effective  way? With which  limitations/facilitations? 

How  can  the European  Public Employment  Services  (PES) and  the EURES Job  Mobility 
Portal11 contribute to facilitate labour migration of third country workers? 

2.2.2.  Admission systems 

Apart  from  the  system,  there  is  a  specific  point  which  must  be  discussed  first:  should  the 
admission  of  third-country  nationals  to  the  EU  labour  market  be  allowed  only  if  there  is  a 
specific  job  vacancy  or  could  there  also  be  more  flexible  systems  such  as  green  cards, etc, 
aimed at attracting workers to fill the short and long term needs of the labour market? There is 
also  the question  as  to  what  procedure  to follow  for  those  third-country  nationals  who  seek 
entry  to  the  EU  to  carry  out  an  economic  activity  (e.g.  pursuant  to  a  services  contract 
concluded  between  their  overseas  employer  and  a client  in the EU), but  who do not  actually 
enter the EU labour market. 

•  Should  the  admission  of  third-country  nationals  to  the  EU  labour  market  only  be 
conditional  on  a  concrete  job vacancy  or  should  there  also be the possibility  for  Member 
States to admit third-countries nationals without such a condition? 

•  What procedure should apply to economic migrants who do not enter the labour market? 

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The Public Employment  Services (PES) of  the Member States are coordinated  at EU level through  the 
EURES (European  Employment  Services) network. EURES has set up a European  Job Mobility  Portal 
(http://europa.eu.int/eures)  where  all  European  publicly  registered  vacancies  will  be  accessible  via  a 
single IT platform  based on web services technology as from 2005. 

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If  admission  is  to  be  conditional  on  a  specific  job  vacancy  (economic  needs  test),  and 
assuming a horizontal  EU approach  to economic migration, a possibility  could  be to  proceed 
via  an  “individual  assessment”: if  employers  have  published  a  job  vacancy  for  a  minimum 
time period and if they have not received an acceptable application from  within the EU labour 
market,  they  would  be  allowed  to  recruit  from  abroad.  This  system  –  conditional  on  a  tool 
such  as EURES, to spread  information  on  vacancies throughout  the EU – would  allow for  a 
certain  control  on  recruitments,  so  as  to  limit  abuses. An  additional  point  is  whether  or  not 
this test should be repeated when a short term contract has expired and the employer wishes to 
renew it. 

•  Do you consider  that the economic needs test is a viable system? Should  it be applied  in a 
flexible  way,  taking  into  account  for  instance  regional  and  sectoral  characteristics  or  the 
size of the company  concerned? 

•  Should  there  be  a  minimum  time  period  during  which  a  job  vacancy  must  be  published 

before a third-country applicant can be considered for the post? 

•  In  what  other  way  could  it  be  effectively  proved  that  there  is  a  need  for  a  third  country 

worker? 

•  Should the economic needs test be repeated after  the expiry of the work permit, if the work 
contract  – by means of  which  the third  country  worker  has been  admitted  – has  been/will 
be renewed? 

Several  optional  systems  could  grant  more  flexibility:  a  Member  State  could  deem  the 
economic  needs  test  to  be  met  above  a  certain  annual  income  and/or  skill  level,  and/or  no 
proof  of  shortage could be required  for  certain sectors or regions, determined  by the Member 
State  concerned  (green  cards).  The  same  concept  could  apply  to  quotas  of  workers,  thus 
allowing the Member States to keep their international commitments to third countries. 

What alternative optional systems could be envisaged? 

Another  possibility  would  be  to  apply  an  EU  selection  system  to  respond  to  the  needs  for 
specific  skills,  particularly  in  a  long  term  perspective.  A  common  framework  at  EU  level 
could be established  (e.g. years of  experience, education, language skills, existence of a work 
offer/labour  shortages,  family  members  in  that  Member  State,  etc)  and  then  each  Member 
State  could  choose  whether  to  apply  it  and,  if  so, how  to shape  it  to the  needs  of  its  labour 
market.  Alternatively,  there  could  be  several  systems, e.g.  one  for  low  skilled  workers  (e.g. 
preference  to  years  of  experience  in  a  certain  sector)  and  one  for  medium/highly  skilled 
workers  (e.g. preference  to education,  then  to experience), and  Member  States could  decide 
which  one  to  apply.  Such  a  system  could  co-exist  with  both  the  “individual  assessment” 
philosophy  and  the  “green  cards”. Finally,  Member  States  wishing  to  introduce  “job  seeker 
permits” for certain skills, sectors, etc, could do this. 

In  this  context,  a  “clearing-house”  system,  for  instance  based  on  the  services  provided  by 
EURES, could  be  envisaged  whereby  an  employer  could  consult  the  curricula  of  applicants 
for the whole EU when the need for third country workers arises. When a suitable candidate is 
found,  the third country national could verify  via the Member State’s website whether  he/she 
fulfils  the criteria and initiate the procedures for the permits. 

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•  Could  a  selection  system  work  as  a  possible  general  rule  at  EU  level  for  admission  of 

economic migrants to the labour market and what should be the relevant criteria? 

•  How could employers be provided  with comprehensive  access to the CVs of  applicants in 

the whole EU and how should EURES be enhanced in this context? 

Should the possibility to grant a “job seeker permit” be  foreseen? 

2.3. 

Admission procedures for  self-employment 

Harmonised  conditions  for  admission  of  third  country  nationals  for  self-employment  could 
also  be  introduced  at  EU  level. Such  conditions  would  differ  from  those  of  section  2.2: for 
example,  a  third  country  national  could  be  requested  to  present  a  detailed  and  financially 
viable  business  plan,  demonstrate  his/her  financial  means  and  prove  the  beneficial  effect  of 
these  activities  on  employment  or  on  the  economic  development  of  the  Member  State 
concerned. Various  degrees of  flexibility  could  be introduced, such  as the possibility  for  the 
Member States to exclude or promote certain sectors, etc. 

•  Should  the  EU  have  common  rules  for  the  admission  of  self-employed  third  country 

nationals? If yes, under which conditions? 

•  Should  more flexible  procedures be possible for  self-employed  persons who wish to enter 
the EU for less than one year to fulfil  a specific contract with an EU client? If so, which? 

2.4. 

Applications for work and residence permit(s) 

A  single national  application  procedure  leading  to one combined  residence  and  work  permit 
(one  stop-shop  procedure)  could  simplify  the  existing  procedures.  When  an  entry  visa  is 
required, Member States could either continue to require an initial entry visa, or consider that 
the issuing by its consulate of this combined title is  sufficient. 

The  title  would  not  interfere  with  the  internal  practices  of  national  administrations  nor  with 
the  conditions  of  admission.  In  most  Member  States,  third-country  nationals  need  to  be  in 
possession  of  a  work  permit  prior  to  the  examination  of  the  application  for  the  residence 
permit: there could therefore  be the impression  that the issuing of  a residence permit – based 
on  different  criteria  from  the  work  permit  –  would  become  almost  automatic  under  the 
combined procedure, which is not the intention of the Commission. 

The alternative option would be not to regulate this issue at EU level. A compromise  position 
would  be  to  propose  a  single  application  for  both  the  work  and  the  residence  permits, even 
though the end result would be two different  permits issued according to national rules. 

•  Should  there  be  a  combined  “work-residence  permit”  at  EU  level?  What  are  its 

advantages/disadvantages? 

•  Or should a single application (for both work and residence permits) be proposed? 

•  Are there other options? 

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2.5. 

Possibility of changing  employer/sector 

The possibility  of  changing employer  and/or  sector during  the first  period  of  work in the EU 
is closely linked to the issue of who holds the permit and to the conditions of admission of the 
worker  (section  2.2). If  a  third  country  national  has  been  admitted  under  a  special  scheme, 
his/her  mobility  could  be  temporarily  limited  in  order  to  avoid  abuses  of  the  admission 
conditions. On the contrary, no real problem for  the economy of  the host country would arise 
if  the  worker  has  been  admitted  outside  such  schemes  and  is  offered  a  more  rewarding  job 
(subject  to the economic needs test, if  necessary). Concerning the permit, if  the permit  holder 
is the employer, the worker  could be exposed  to the risk of  being unduly  controlled, or  even 
“owned”, by his/her future EU employer. 

•  Should  there  be  limitations  to  the  mobility  of  the  third  country  worker  inside  the  labour 
market  of  the  Member  State  of  residence?  If  so,  which  (employer,  sector,  region,  etc.), 
under what circumstances and for how long? 

•  Who should be the holder of  the permit? The employer, the employee, or should it be held 

jointly? 

2.6. 

Rights 

Migrant workers must have a secure legal status12, irrespective of  whether they wish to return 
to their countries of origin or to obtain a more permanent status. Third country workers should 
enjoy  the  same  treatment  as EU  citizens  in  particular  with  regard  to certain  basic  economic 
and  social  rights  before  they  obtain  long-term  resident  status.  This  status  implies  a  more 
extensive  set  of  rights, in  line  with  the principle  of  the differentiation  of  rights according  to 
the length of  stay. 

•  What  specific  rights  should  be  granted  to  third  country  nationals  working  temporarily  in 

the EU? 

•  Should  the  enjoyment  of  certain  rights  be  conditioned  to  a  minimum  stay?  If  so,  which 

rights and for how long? 

•  Should there be incentives – e.g. better conditions for  family  reunification  or for  obtaining 
the  status  of  long  term  resident  –to  attract  certain  categories  of  third-country  workers? If 
yes, why and which ones? 

2 

Community  legislation  already  provides  for  a  number  of  rights,  e.g.  those  provided  for  in  Council 
Directive  2003/109/EC  (long-term  residents),  Council  Regulation  (EC)  No  859/2003  extending 
provisions  of  Regulation  (EEC)  No  1408/71  (co-ordination  of  social  security)  and  in  the  two  anti 
discrimination  directives  (Directives  2000/43/EC  and  2000/78/EC).  Furthermore,  Community 
Directives  on  issues  such  as  occupational  health  and  safety  or  working  conditions  are  in  principle 
applicable to all workers, irrespective of  their nationality. The same goes for  most of  the articles of  the 
European Charter on Fundamental Rights. 

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2.7. 

Accompanying  measures:  integration,  return  and  cooperation  with  third 
countries 

As  stressed  in  several  Commission  communications13  and  in  the  Council  Conclusions  on 
migration  and  development  of  19 May  2003, a successful  EU policy  on economic  migration 
requires  that  migration  flows  are  managed  in  cooperation  with  the  countries  of  origin  and 
transit, taking into account  their reality and needs. The measures taken must be  accompanied 
by strong policies to integrate migrants admitted. 

Consequently, cooperation with third countries to facilitate  legal migration and the social and 
economic integration of potential migrants must include a number of  issues, such as the brain 
drain, the fact  that  the countries of  origin  invest  in  developing  the skills  of  people  who  will 
then  leave  the  home  economy  and  society,  the  difficulties  for  migrants  to  keep  social  and 
cultural ties, etc. It is important to reflect  on how to address such issues and also on measures 
to  facilitate  the  return  of  temporary  workers  at  the  end  of  their  contracts  and  to  reintegrate 
them into their home society. Possible measures to encourage “win-win” situations, and/or  to 
compensate  for  negative  situations  which  may  arise,  could  be:  to  provide  up-to-date 
information  on the conditions  of  entry  and  residence  in the EU; to establish  recruitment  and 
training  centres  in  the  countries  of  origin  for  skills  which  are  needed  at  EU  level,  and  for 
cultural  and  language  training;  to  create  databases  per  skill/occupation/sector  (portfolio  of 
competences)  of  potential  migrants;  to  facilitate  the  transfer  of  remittances;  to  compensate 
third  countries  for  the  educational  costs  of  migrants  leaving  for  the  EU.  Another  issue  is 
whether  certain  third  countries  could  be  granted  a  preference  for  the  admission  of  their 
nationals in the framework  of reinforced  cooperation agreements. 

Furthermore, as highlighted  in the First Annual  Report on Migration  and  Integration, the EU 
must continue its efforts  to foster  the better integration of  present and future  immigrants, both 
in the labour  market and into the host society in general. Introduction  programmes for  newly 
arrived  immigrants  – mainly  covering  language  training, civic education  and  information  on 
the basic norms and values of the host society – are gaining importance in all Member States. 

•  What  kind  of  accompanying  measures  should  be  envisaged  to  facilitate  admission  and 

integration of economic migrants, both in the EU and in the countries of origin? 

•  In line with EU development policies, what could the EU do to encourage brain circulation 

and address the potentially adverse effects  of brain drain? 

Should  developing  countries  be compensated  (by  whom  and  how) for  their  investment  in 
human capital leaving for the EU? How can negative effects  be limited? 

Should  host  and  home  countries  have  an  obligation  to  ensure  the  return  of  temporary 
economic migrants? If so, in what circumstances? 

How can return be managed for the mutual benefit  of host and home countries? 

• 

Should a preference  in terms of admission be granted to certain third countries and how? 

13 

COM(2004) 412 and COM(2002) 703. 

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•  Could  such  preferences  be  linked  to  special  frameworks,  such  as  the  European 

Neighbourhood Policy, pre-enlargement  strategies? 

3. 

CONCLUSION 

The Commission  believes that  the admission  of  economic migrants is the cornerstone  of  any 
immigration  policy  and  that  it  is  therefore  necessary  to  address  it  at  European  level  in  the 
context of  the progressive development  of  a coherent Community  immigration policy. In this 
Green Paper, the Commission has tried to outline the main issues at stake and has put  forward 
a  number  of  different  options which could  be part of  a common EU framework.  This system 
should  be  transparent,  non-bureaucratic  and  fully  operational.  It  should  function  in  the 
interests  of  all  parties  involved:  the  migrants,  the  sending  countries  and  the  receiving 
countries. When intensifying  its policy aimed at attracting economic migrants and  facilitating 
their  admission,  the  EU  and  its  Member  States  must  pay  serious  attention  to  the  possible 
negative effects  of such an outflow on the country of origin. 

The primary  aim of  the Green  Paper  is to call for  reactions and  to launch  a broad  discussion 
among  all  relevant  stakeholders.  The  Council,  the  European  Parliament,  the  European 
Economic and Social Committee, the Committee of  the Regions, national, regional and  local 
authorities,  the  social  partners  (including  employers’  associations  and  trade  unions),  non 
governmental  organisations,  the  candidate  countries,  third  country  partners,  academia  and 
other  civil  society  organisations  and  individuals  are  invited  to  contribute.  Once  this 
comprehensive  consultation  process is completed, the Commission  will present  a policy  plan 
on  legal  migration,  including  admission  procedures,  by  the  end  of  2005, as  set  out  in  The 
Hague Programme. 

In  order  to  prepare  for  a  public  hearing  on  economic  migration  in  2005,  the  Commission 
invites all interested parties to comment in writing no later than 15 April 2005 to: 

The Director General 

Directorate General Justice, Freedom and Security 

European Commission 

B-1049 Brussels 

jls-economic-migration@cec.eu.int 

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BIBLIOGRAPHY 

ANNEX 

A. 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Legislative instruments and  proposals: 

Council  Directive  2003/86/EC  of  22  September  2003  on  the  right  to  family 
reunification  (applicable as of 3 October 2005); 

Council  Directive  2003/109/EC  of  25 November  2003 concerning  the status of  third-
country nationals who are long-term residents (applicable as of 26 January 2006); 

Proposal  for  a  Council  Directive  on  the  conditions  of  admission  of  third-country 
nationals  for  the  purpose  of  studies,  pupil  exchange,  unremunerated  training  or 
voluntary service - COM(2002) 548; political agreement reached in March 2004; 

Proposal  for  a Council  Directive  on  a specific  admission  procedure  for  third  country 
researchers - COM(2004) 178; 

Proposal  for  a  Council  Directive  on  the  conditions  of  entry  and  residence  of  third-
country  nationals  for  the  purpose  of  paid  employment  and  self-employed  economic 
activities - COM(2001) 386; 

Council  Regulation  (EEC)  n°1612/1968  on  freedom  of  movement  for  workers  (in 
particular, article 19(2) for the “Community  preference”); 

Council  Resolution  of  20  June  1994  on  limitations  on  admission  of  third-country 
nationals to the territory of the Member States for  employment; 

Council  Directive  2000/43/EC  of  29  June  2000  implementing  the  principle  of  equal 
treatment between persons irrespective of racial or ethnic origin; 

Council Directive 2000/78/EC of 27 November 2000 establishing a general  framework 
for equal treatment in employment and occupation; 

(10)  Council  Regulation  (EC)  No  859/2003 of  14  May  2003  extending  the  provisions  of 
Regulation  (EEC) No 1408/71 and  Regulation  (EEC) No 574/72 to nationals of  third 
countries  who  are  not  already  covered  by  those  provisions  solely  on  the  ground  of 
their nationality. 

B. 

Commission  Communications: 

(1) 

Communication  from  the  Commission  "Study  on  the  links  between  legal  and  illegal 
immigration” - COM (2004) 412 final; 

(2) 

First Annual Report on Migration and Integration - COM(2004) 508 final; 

(3) 

(4) 

EN 

Communication  from  the Commission  on immigration, integration  and  employment  -
COM(2003) 336 final; 

Communication  from  the  Commission  on  integrating  migration  issues  in  the  EU's 
relations with third countries - COM(2002) 703 final. 

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EN 

C. 

(1) 

(2) 

Studies: 

Studies  on  labour  migration,  Migration  Research  Group,  Hamburg  Institute  for 
International  Economics  (HWWA),  Germany;  papers  prepared  for  the  European 
Commission,  DG  Employment  and  Social  Affairs,  June  2004,  available  at: 
http://europa.eu.int/comm/employment_social/employment_analysis/immigr_new_stu 
d_en.htm. The papers examine best practice regarding recruitment  of  labour  migrants, 
projecting future  labour needs and labour market integration in the European countries 
as  well  as  in  other  industrialised  countries. They  were  prepared  by  experts  from  the 
MRG, in cooperation with the Migration Policy Institute, Washington DC. 

Admission  of  third-country  nationals  for  paid  employment  or  self-employed  activity, 
European Commission, Directorate General for Justice and Home Affairs,  2001, ISBN 
92-894-1689-0.  The  study,  undertaken  by  Ecotec  Research  and  Consulting  Limited 
between  November  1999  and  May  2000,  analysed  and  compared  the  legal  and 
administrative  frameworks  in  the  EU-15  concerning  the  admission  of  third-country 
nationals  to  the  EU  Member  States  for  the  purposes  of  paid  employment  and  self-
employment. 

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